Legal Elements Of The Theory Of Re-understanding

The theory about elements of law is an importantin issue in jurisprudence. In our country, it has undergone a process from the theory of single element to the theory of multi-elements. In the west, the theory about elements of law is more complex. Austin’s "command model", Hart’s "rule model", Dworkin’s" rule, policy, principle model", Pound’s " law, technology, ideal model" are greatly infulenced.At present, in the field of our country’s jurisprudence, the theory of "three elements" in law is the mainstream. The "three elements theory" has its unique academic background, it bases on the theory of system in philosophy, its contents are closely related with the theories about elements of law in west. The "three elements theory" had a profound impact on China’s jurisprudence, not only expanded the research field of Chinese jurisprudence, but also marked a change in the paradigm of jurisprudence research in China. However, the "three elements theory" also has defects on logic and contents, its theoretical foundation is also facing challenges.Chinese scholars focused too much on the study of law from a macro point of view but neglected to study law from the microscopic for long time, making our insufficient recognition in microscopic law, resulted in the conflict between the theory’s content and the theory’s foundation."The model of law" means to answer" what the law is" in microscopic point, is the path to understand the law in microscopic point. Though model of law is different with some basic legal concepts such as the form of law, legal system, origin of law, they are the paths to understand law from different angles in common. Legal principle and legal rule have some common features, but they have the logic structure and function of their own, their forms are not identical, too.